Preamble

The member States of the Council
of Europe, signatories hereto,
Considering that the aim of the Council of Europe is the achievement of
greater unity between its members;
Convinced that the creation of a system of international mutual assistance
in order to facilitate the task of judicial authorities in obtaining information
on foreign law, will contribute to the attainment of this aim,
Have agreed as follows:

Article 1
 Scope of the Convention

The Contracting Parties undertake
to supply one another, in accordance with the provisions of the present
Convention, with information on their law and procedure in civil and commercial
fields as well as on their judicial organisation.

However, two or more Contracting
Parties may decide to extend as between themselves the scope of the present
Convention to fields other than those mentioned in the preceding paragraph.
The text of such agreements shall be communicated to the Secretary General
of the Council of Europe.

Article 2
 National liaison bodies

In order to carry out the provisions
of the present Convention each Contracting Party shall set up or appoint
a single body (hereinafter referred to as the "receiving agency"):

to receive requests for the
information referred to in Article 1, paragraph 1, of the present Convention
from another Contracting Party;

to take action on these requests
in accordance with Article 6.

The receiving agency may be
either a ministerial department or other State body.

Each Contracting Party may
set up or appoint one or more bodies (hereinafter referred to as "transmitting
agency") to receive requests for information from its judicial authorities
and to transmit them to the competent foreign receiving agency. The receiving
agency may be appointed as a transmitting agency.

Each Contracting Party shall
communicate to the Secretary General of the Council of Europe the name and
address of its receiving agency and, where appropriate, of its transmitting
agency or agencies.

Article 3
 Authorities entitled to make a request for information

A request for information shall
always emanate from a judicial authority, even when it has not been drawn
up by that authority. The request may be made only where proceedings have
actually been instituted.

Any Contracting Party may,
if it has not set up or appointed a transmitting agency, indicate, by a
declaration addressed to the Secretary General of the Council of Europe,
which of its authorities it will deem a judicial authority within the meaning
of the preceding paragraph.

Two or more Contracting Parties
may decide to extend as between themselves the present Convention to requests
from authorities other than judicial authorities. The text of such agreements
shall be communicated to the Secretary General of the Council of Europe.

Article 4
 Contents of a request for information

A request for information shall
state the judicial authority from which it emanates as well as the nature
of the case. It shall specify as exactly as possible the questions on which
information concerning the law of the requested State is desired, and where
there is more than one legal system in the requested State, the system of
the law on which information is requested.

The request shall also state
the facts necessary both for its proper understanding and for the formulation
of an exact and precise reply. Copies of documents may be attached where
necessary to clarify the scope of the request.

The request may include questions
in fields other than those referred to in Article 1, paragraph 1, where
they relate to the principal questions specified in the request.

Where a request is not drawn
up by a judicial authority it shall be accompanied by the decision of that
authority authorising it.

Article 5
 Transmission of a request for information

A request for information shall
be transmitted directly to the receiving agency of the requested State by
a transmitting agency or, in the absence of such an agency, by the judicial
authority from which it emanates.

Article 6
 Authorities empowered to reply

The receiving agency which
has received a request for information may either draw up the reply itself
or transmit the request to another State or official body to draw up the
reply.

The receiving agency may, in
appropriate cases or for reasons of administrative organisation, transmit
the request to a private body or to a qualified lawyer to draw up the reply.

Where the application of the
preceding paragraph is likely to involve costs, the receiving agency shall,
before making the transmission referred to in the said paragraph, indicate
to the authority from which the request emanated the private body or lawyer
to whom the request will be transmitted, inform the said authority as accurately
as possible of the probable cost, and request its consent.

Article 7
 Content of the reply

The object of the reply shall
be to give information in an objective and impartial manner on the law of
the requested State to the judicial authority from which the request emanated.
The reply shall contain, as appropriate, relevant legal texts and relevant
judicial decisions. It shall be accompanied, to the extent deemed necessary
for the proper information of the requesting authority, by any additional
documents, such as extracts from doctrinal works and travaux préparatoires.
It may also be accompanied by explanatory commentaries.

Article 8
 Effects of the reply

The information given in the
reply shall not bind the judicial authority from which the request emanated.

Article 9
 Communication of the reply

The reply shall be addressed
by the receiving agency to the transmitting agency, if the request had been
transmitted by this agency, or to the judicial authority, if the request
was sent directly by the latter.

Article
10  Duty to reply

The receiving agency to whom
a request for information has been sent shall, subject to the provisions
of Article 11, take action on the request in accordance with Article 6.

Where the reply is not drawn
up by the receiving agency, the latter shall be bound to ensure that a reply
is sent subject to the conditions specified in Article 12.

Article
11  Exceptions to the obligation to reply

The requested State may refuse
to take action on the request for information if its interests are affected
by the case giving rise to the request or if it considers that the reply
might prejudice its sovereignty or security.

Article
12  Time-limit for the reply

The reply to a request for information
shall be furnished as rapidly as possible. However, if the preparation of
the reply requires a long time, the receiving agency shall so inform the
requesting foreign authority and shall, if possible, indicate at the same
time the probable date on which the reply will be communicated.

Article
13  Additional information

The receiving agency, as well
as the body or the person whom it has instructed to reply, in accordance
with Article 6, may request the authority from which the request emanates
to provide any additional information it deems necessary to draw up the
reply.

The request for additional
information shall be transmitted by the receiving agency in the same way
as is provided by Article 9 for the communication of the reply.

Article
14  Languages

The request for information
and annexes shall be in the language or in one of the official languages
of the requested State or be accompanied by a translation into that language.
The reply shall be in the language of the requested State.

However, two or more Contracting
Parties may decide to derogate, as between themselves, from the provisions
of the preceding paragraph.

Article
15  Costs

The reply shall not entail
payment of any charges or expenses except those referred to in Article 6,
paragraph 3, which shall be borne by the State from which the request emanates.

However, two or more Contracting
Parties may decide to derogate, as between themselves, from the provisions
of the preceding paragraph.

Article
16  Federal States

In Federal States, the functions
of the receiving agency other than those exercised under Article 2, paragraph
1.a may, for constitutional reasons, be conferred on other State bodies.

Article
17  Entry into force of the Convention

This Convention shall be open
to signature by the member States of the Council of Europe. It shall be
subject to ratification or acceptance. Instruments of ratification or acceptance
shall be deposited with the Secretary General of the Council of Europe.

This Convention shall enter
into force three months after the date of the deposit of the third instrument
of ratification or acceptance.

In respect of a signatory State
ratifying or accepting subsequently, the Convention shall come into force
three months after the date of the deposit of its instrument of ratification
or acceptance.

Article
18  Accession of a State not a member of the Council of Europe

After the entry into force
of this Convention, the Committee of Ministers of the Council of Europe
may invite any non-member State to accede thereto.

Such accession shall be effected
by depositing with the Secretary General of the Council of Europe an instrument
of accession which shall take effect three months after the date of its
deposit.

Article
19  Territorial scope of the Convention

Any Contracting Party may,
at the time of signature or when depositing its instrument of ratification,
acceptance or accession, specify the territory or territories to which this
Convention shall apply.

Any Contracting Party may,
when depositing its instrument of ratification, acceptance or accession
or at any later date, by declaration addressed to the Secretary General
of the Council of Europe, extend this Convention to any other territory
or territories specified in the declaration and for whose international
relations it is responsible or on whose behalf it is authorised to give
undertakings.

Any declaration made in pursuance
of the preceding paragraph may, in respect of any territory mentioned in
such declaration, be withdrawn according to the procedure laid down in Article
20 of this Convention.

Article
20  Duration of the Convention and denunciation

This Convention shall remain
in force indefinitely.

Any Contracting Party may,
in so far as it is concerned, denounce this Convention by means of a notification
addressed to the Secretary General of the Council of Europe.

Such denunciation shall take
effect six months after the date of receipt by the Secretary General of
such notification.

Article
21  Functions of the Secretary General of the Council of Europe

The Secretary General of the
Council of Europe shall notify the member States of the Council and any
State which has acceded to this Convention of:

any signature;

any deposit of an instrument
of ratification, acceptance or accession;

any date of entry into force
of this Convention in accordance with Article 17 thereof;

any declaration received
in pursuance of the provisions of paragraph 2 of Article 1, paragraph
3 of Article 2, paragraph 2 of Article 3 and paragraphs 2 and 3 of Article
19;

any notification received
in pursuance of the provisions of Article 20 and the date on which denunciation
takes effect.

In witness whereof the undersigned,
being duly authorised thereto, have signed this Convention.
Done at London, this 7th June 1968, in French and English, both texts being
equally authoritative, in a single copy which shall remain deposited in
the archives of the Council of Europe. The Secretary General of the Council
of Europe shall transmit certified copies to each of the signatory and acceding
States.